Part gable end roof to the rear, to gain additional headroom at first floor and 2 meter high fence to the side boundary
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Parking Provision
Highways & Transport
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 29 September 2025 by Kim Vo MPLAN
Decision by John Morrison BA (Hons) MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 28 October 2025
Appeal Ref: APP/T4210/D/25/3369996
17 Bloomfield Drive, Bury BL9 8JX
• The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended)
against a refusal to grant planning permission.
• The appeal is made by Mr. Mohammed Iqbal Hussain against the decision of Bury Metropolitan
Borough Council.
• The application Ref is 71399.
• The development proposed is described as a “part gable end roof to the rear, to gain additional
headroom at first floor and 2 meter high fence to the side boundary”.
Decision
1. The appeal is allowed and planning permission is granted for a “part gable end roof
to the rear, to gain additional headroom at first floor and 2 meter high fence to the
side boundary” at 17 Bloomfield Drive, Bury BL9 8JX in accordance with the terms
of the application, Ref 71399, subject to the following conditions:
1) The development hereby permitted shall begin not later than three years from
the date of this decision.
2) The development hereby permitted shall be carried out in accordance with
drawing numbers: PP-13596515v1; IPS/R/17/BL98JX SHT 3 of 5 – Revision A;
and IPS/R/17/BL98JX SHT 5 of 5 – Revision A.
3) The materials to be used in the construction of the external surfaces of the
development hereby permitted shall match those used on the existing building
and fence.
Appeal Procedure
2. The site visit was undertaken by a representative of the Inspector whose
recommendation is set out below and to which the Inspector has had regard before
deciding the appeal.
Preliminary Matter and Main Issue
3. The existing plan shows a lower section of fencing towards the front of the site.
However, the erected version on site has a consistent taller fence line around the
front and side boundary. Nonetheless, there is sufficient information to make an
informed assessment of the development from both the plans and what I saw on
site, and I have referred to it accordingly. The Council does not object to the
proposed rear roof extension, and I find no reason to disagree. My
recommendation therefore focuses on the proposed fence. The main issue in
regard to which is its effect on highway safety.
Appeal Decision APP/T4210/D/25/3369996
2
Reasons for the Recommendation
4. The appeal site relates to a two storey detached dwelling located on a prominent
corner plot. Fencing has been erected to the side and front boundaries to create an
enclosed side garden. It is adjacent a sharp bend in the road, with no on street
parking restrictions and a speed limit of 20 miles per hour. There is also an open
driveway with a dropped kerb, providing vehicular access to the front of the site.
The surrounding area is residential and features a wide carriageway flanked by
public pavements. Properties are also set well back from the street due to their
generous front gardens and driveways, where these features contribute to an open
and spacious setting.
5. The high fence erected on site currently restricts visibility from the driveway to one
side. The proposal would address this by setting it back so it would not extend past
the main dwelling’s front elevation. It would also be chamfered at the corner closest
to the highway. This new layout would significantly improve sightlines, by enabling
vehicles entering, emerging, or reversing out from the driveway, to better observe
any oncoming traffic navigating the bend. Views of pedestrians coming from the
currently concealed side of the driveway would also be enhanced. Moreover, given
the location of the dropped kerb, vehicles leaving or entering the driveway would do
so directly from the south, away from the bend. As such, the proposal represents
an improvement over the current arrangement and would reduce potential conflicts
between vehicles from the driveway and other road users.
6. The proposed fence’s tall height would reduce forward visibility for drivers
approaching the bend from either direction to a substandard level. However, its
proposed setback and chamfered layout would help to mitigate its overall impact by
reducing the extent of the fence. Bloomfield Drive is also lightly trafficked with a low
speed limit. It is set within a small residential estate, with each dwelling benefitting
from off-street parking. On-street parking is, therefore, typically low in demand and
vehicle movements, including any manoeuvring or reversing, are expected and
common. As such, motorists would tend to proceed through the estate with caution
at reduced speeds. The sharp bend in the road also naturally discourages speeding
due to restricted visibility ahead.
7. Notably, properties adjacent the outer side of the bend all have driveways and
dropped kerbs. On-street parking to this section and side of the road would
therefore be generally avoided. Thus, drivers travelling towards Sunny Bank Road
would typically not need to stop when passing the bend, as this side would
generally be free of on-street parked vehicles. Whilst on-street parking is possible
to the inside of the bend, the carriageway is wide enough for a driver travelling
towards Goodison Road to overtake them. Any on-street parking would also narrow
the carriageway and further encourage slower driving.
8. Consequently, the proposal’s layout, the local traffic and road context and parking
constraints would ensure that drivers would have adequate time and visibility to
respond to any potential hazards when approaching the bend from either direction.
For these reasons, and despite the reduction of forward visibility, the intervisibility
of the highway would be acceptably maintained and would result in an acceptable
impact upon highway safety overall. Accordingly, it would not conflict with Policy
H2/3 of the Bury Unitary Development Plan 1996 and the Alterations and
Extensions to Residential Properties Supplementary Planning Document 6 2010.
Appeal Decision APP/T4210/D/25/3369996
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Together, and amongst other things, these require house extensions and
alterations to have regard to visibility for pedestrians, cyclists and vehicles.
Other Matters
9. The Council’s Traffic Section set out, amongst other things, that the proposed fence
would breach a condition under a previous planning permission. I have not seen a
copy, but I have explained above why the fence subject of the appeal would not be
the source of harm such that dismissal thereof would be justified.
Conditions
10. To provide certainty and for enforcement purposes, it is necessary to impose the
standard time limit and specify the approved plans. A condition is also necessary
for materials to match those used on the existing building and the fence, to
maintain the character and appearance of the area.
Conclusion and Recommendation
11. For the reasons given above, I recommend that the appeal should be allowed in the
circumstances set out and subject to the conditions explained, given it would
comply with the development plan and there is nothing compelling to suggest a
decision other than in accordance therewith.
Kim Vo
APPEAL PLANNING OFFICER
Inspector’s Decision
12. I have considered all the submitted evidence and my representative’s report and on
that basis the appeal is allowed and planning permission granted, subject to the
stated conditions.
John Morrison
INSPECTOR
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